3.10.C. SR 05-02-2011~/
Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 3.10 . C .
AGENDA SECTION MEETING DATE PREPARED BY
Consent Ma 2, 2011 ustin Femrite, P.E.
ITEM DESCRIPTION REVIEWED B)/
CR 77 Turnback Agreement Lori ohnson, Ci Administrator
REVIEWED BY
ACTION REQUESTED
Approval of the attached CR 77 Turnback Agreement thereby accepting the turnback of County Road 77
(Proctor Street) from County State Aid Highway 1 to County State Aid Highway 33.
BACKGROUND/DISCUSSION
This county road trnback was first discussed at the Ciry Council Workshop on January 10, 2011. At this
meeting direction was given to work with Sherburne County and bring back a formal trnback agreement.
Staff has worked with Sherburne County and agreed to the conditions detailed in the attached agreement.
Upon the completion and acceptance of the resurfacing project that will be completed and paid for by
Sherburne County in 2011, the roadway will officially become a City street. The attached agreement was
approved by the Sherburne County Board on Apri112, 2011.
Taking this trnback benefits the City by allowing us to increase our state aid mileage thus increasing the
amount of money we receive through our yearly state aid allocation. It will also allow the Ciry the
opportunity to review the existing traffic control, lane striping, and speed limits along the segment in
accordance with our standards to best serve the needs of the residents. Finally, the turrlback gives the
City control of the right-of--way along this corridor allowing us to plan for utility or trail facilities in the
future.
FINANCIAL IMPACT
As a condition of the agreement and in accordance with State Statute, Sherburne County will pay the Ciry
of Elk River $15,200 in maintenance costs for taking the turn back. This amount covers the maintenance
costs of the roadway for the next two years. This payment will be deposited into the City's General fund
to cover two years of maintenance costs such as snowplowing and crack filling.
ATTACHMENTS
^ CR 77 Turnback Agreement
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\05-02-2011\Turnback Agmt.docx
CR 77 TURNBACK AGREEMENT
BETWEEN
SHERBURNE COUNTY AND CITY OF ELK RIVER
WHEREAS; County Road (CR) 77 between CSAH 1 and CSAH 33 (hereafter "CR 77") is
located in the City of Elk River (hereafter "City") and is presently under the jurisdiction of
Sherburne County as a County Road.
WHEREAS; CR 77 has been determined to serve as a local road and is in the Sherburne County
Long-Range Transportation Plan as a turnback.
WHEREAS; the legal description of CR 77 is provided on attached EXHIBIT A and depicted on
attached EXHIBIT B.
WHEREAS; CR 77 fits the City's transportation needs.
THEREFORE, the parties agree to the following:
1. Sherburne County agrees to replace the existing pavement of CR 77 from CSAH 1 to
CSAH 33 by milling the full depth of 3.5" of bituminous and paving 3.5" of pavement a
minimum width of 32'and adding a right turn lane at Highland Road
2. Upon revocation of CR 77 as a county road by the County Board pursuant to Minn. Stat.
§ 163.11, subds. 5 and Sa, the City shall accept CR 77, as legally described on Exhibit A
and depicted on Exhibit B, as a City Street and will maintain it as Proctor Road as
currently signed. This includes the CR 77 road surface, shoulders, ditches and all
drainage structures from CSAH 1 to CSAH 33.
On or before the turnback date, Sherburne County shall pay the City 2 years of
maintenance dollars in lieu of the county maintaining CR 77 for 2 years as required in
Minnesota Statutes 163.11, subd.5b, in the amount of $15,200
3. Each Party shall be liable for its own acts and the acts of its representatives to the extent
provided by law and hereby agrees to indemnify, hold harmless, and defend each other,
its officers, employees and volunteers against any and all liability, loss, costs, damages,
expenses, claims or actions, including attorney's fees which the other, its officers,
employees and volunteers may hereinafter sustain, incur or be required to pay, arising out
of or by reason of any act or omission of the Party, its agents, servants, employees or
volunteers, in the execution, performance, or failure to adequately perform its obligation
pursuant to this Agreement. This paragraph does not diminish, with respect to any third
party, any defense, immunity or liability limit that the County or the City may enjoy
under law.
4. Proctor Road as currently signed shall revert to the City of Elk River upon the passage of
the necessary resolution of Sherburne County Board of Commissioners, pursuant to
Minnesota Statute 163.11 (5) and (Sa).
City of Elk River:
Mayor
Sherburne County:
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Board Chair
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City Clerk
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Elk River City Engineer
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County A inistrator
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S rburne County En 'veer
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